Seller cancelled order

hamish74

Hi, 3 days ago I 'purchased' an engagement ring at a well known high st jeweller. They didn't have the ring we wanted in store but as they had it in stock they arranged to deliver it. Today I had a voicemail left for me telling me they had cancelled the order, now while I don't expect and problems getting a refund I just wanted clarification on what rights they have to do this (the reason is as yet unclear as I have not been able to speak to them yet). Did they enter into a binding contract with me at the point of 'purchase'? Many thanks

CoolHotCold

It depends.

Find out why first.

marliepanda

No.

Why, what else would you like?

pendragon_arther

If they ain't got it they ain't got it.

bod1467

If you purchased in a shop (face to face) then you have all the pertinent elements of a contract ... offer, acceptance and payment. The fact the goods weren't delivered at that point - i.e. handed over - does not negate the premise that a valid contract was in place.

If the buyer pulled out (breached the contract) prior to delivery then the seller could legitimately retain part of the payment to cover costs they had borne due to the buyers breach. (Or possibly even the profit element - loss of profit).

Consequently the buyer can equally expect a full refund. They can also seek to purchase the same item elsewhere (if possible), and if that item costs more than the original contract agreement then they can seek that difference from the original seller who breached the contract. (Loss of bargain).

DCFC79

If they couldn't get the merchandise then yes they are free to cancel, speak to them about it.